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Search Results for "delayed claim"

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Supreme Court

Supreme Court Hears Appeal Against NCLAT Order Affirming Admission of Section 9 Insolvency Application. The appeal concerns whether unpaid amounts under an EPC contract constitute operational debt under Section 5(21) of the Insolvency and Bankruptcy Code, 2016, and whether the application was barred by limitation or pre-existing dispute.

1 Jan 1970

The appeal before the Supreme Court arose from the judgment and order dated 01.02.2021 passed by the National Company Law Appellate Tribunal, New Delh...

Supreme Court

Supreme Court Upholds Limitation of Liability Clause in Arbitration Case — Clause 49.5 Bars Damages for Employer Delay. Contractual prohibition on claiming damages for employer-caused delay held valid and enforceable under the Arbitration and Conciliation Act, 1996.

1 Jan 2025

The dispute arose from a construction contract between M/s. C & C Constructions Ltd. (appellant) and IRCON International Ltd. (respondent) for buildin...

High Court

Bombay High Court Restrains Invocation of Performance Guarantee in Arbitration Dispute — Finds Prima Facie Case of Fraud and Irretrievable Injustice. Section 9 of Arbitration and Conciliation Act, 1996 invoked to protect petitioner's interests pending arbitration.

9 Jan 2017

The petitioner, Larsen & Toubro Limited (L&T), filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking in...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Favour of Contractor in Postal Department Contract Dispute — Claims for Idle Labour, Machinery, and Loss of Profit Held Not Supported by Evidence and Contrary to Contract Terms. The court held that an arbitrator cannot award damages for idle resources or loss of profit without proof of deployment or anticipated profits, and such awards are perverse and patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Feb 2020

The Petitioner, Union of India through the Postal Department, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challen...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Stockbroker Dispute, Upholds Limitation and Maintainability. The Court held that the claim was within limitation due to acknowledgement of debt and that the arbitration application was maintainable despite directors' disqualification.

9 Jul 2019

The Appellant, Kaynet Finance Limited, a member-broker at the National Stock Exchange of India, was appointed by the Respondent, Verona Capital Limite...

High Court

Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

22 Apr 2026

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Case — Limitation Period Runs from Repudiation of Claim, Not from Final Bill Date. Continuous Correspondence and Negotiations Between Parties Extend the Period for Invoking Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

3 Sep 2019

The appellant, M/s Geo Miller & Co. Pvt. Ltd., was awarded three work orders by the respondent, Chairman, Rajasthan Vidyut Utpadan Nigam Ltd., for exe...

Supreme Court

Supreme Court Allows Contractor's Appeal in ONGC Arbitration Dispute. Levy of Liquidated Damages Under Clause 2 of Contract Held Arbitrable, Not an Excepted Matter.

8 Nov 2019

The Supreme Court of India heard two civil appeals arising from a judgment of the Delhi High Court Division Bench, which had set aside an arbitral awa...

High Court

High Court of Bombay at Aurangabad Dismisses Appeal Against Setting Aside of Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — Arbitrator's Award of Interest on Escalation Amount Upheld as Not Contrary to Contract Terms.

6 Feb 2013

The case involves an appeal by Godawari Marathwada Irrigation Development Corporation against a judgment of the Civil Judge, Senior Division, Parbhani...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Television Production Dispute — Rejects Claim for Loss of Reputation. Court upholds arbitral tribunal's finding that claimant failed to prove loss of reputation due to alleged breach of contract.

8 May 2015

The petitioners, Star India Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral ...

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